Document Type : Original Article from Result of Thesis
Authors
1 PhD student, of International Law Department, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
2 Assistant Professor, Department of International Law, Kermanshah Branch, Islamic Azad University, Kermanshah, Iran.
3 Assistant Professor, International Law Department, Khorramabad Branch, Islamic Azad University, Kermanshah, Iran.
Abstract
Highlights
Introduction
Governments are equal in sovereignty, which should be respected by other governments. States have equal rights and obligations. This principle is reflected in several international deeds. Large countries exploit their economic, military, and political advantages in order to influence other countries, and sometimes a country becomes a puppet state with nominal sovereignty. The permanent positions of five states, i.e., China, Russia, France, the UK, and the USA, in the Security Council reflect a legal inequality in the United Nations. These permanent members of the Security Council have can veto and neutralize legislations that are agreed upon by most of the UN members. Can the veto power be limited to protect the rule of law? To ensure justice and the rule of law and presence and promote multilateralism, the reform of the Security Council and the limitation of the veto power are the only solution rather than an alternative.
Methodology
Legal description was adopted to analyze the data, and content analysis was carried out based on legal rules to identify the best views and clarify ambiguities.
Findings
The rule of law is an essential concept that remains yet to be comprehensively and clearly defined. It has been sometimes defined as equality under the law and sometimes referred to as a form of governance in opposition to dictatorship and absolutism. It may also be described by characteristics such as generality, continuity, and transparent legislation. These definitions share a clear standard, i.e., preventing authoritarianism in governmental decisions. According to Article 27 of the United Nations Charter, each member of the Security Council has one vote. The Security Council makes decisions on procedural matters quantitatively by at least nine yes votes of all the members and on substantive matters qualitatively by at least nine yes votes, including those of all the permanent members. The permanent members enjoy an advantage known as veto power. The use of veto power in favor of human rights violation has induced contradictions in the international community. The long-lasting dispute between Israel and Palestine has witnessed the use of veto power against humanity. The violation of civil, political, economic, social, and cultural rights and the identification of vulnerable and discriminated groups, including women and children, harm human rights and sustainable peace. Today, it is impossible to completely remove veto power; however, it may be limited. There is a doctrine that veto power must be substantially limited.
Results
Governance in international law can be described as the authority of a state to make and enforce decisions; i.e., the authority of a state is unlimited and unavoidable. The absence of the rule of law increases social, economic, and political risks. The permanent positions and veto power of five states in the Security Council reflect an inequality within the United States. This inequality is recognized by the United Nations Charter. This power must be substantially limited. A number of solutions are proposed to reduce the influence of veto power, including (1) limiting veto power in the refusal of actions adopted by the Security Council under Chapter 7 of the United Nations Charter concerning military intervention, (2) allowing for the neutralization of vetoes through voting in the Security Council at a certain number of yes votes, (3) enhancing the executive power of the UN General Assembly to balance power between the Security Council and General Assembly, (4) allowing for the neutralization of vetoes at yes votes of two-thirds of the UN General Assembly members under the Plan of Union for Peace, and (5) a number of states have recommended that at least two of the permanent members use their veto power so that a draft resolution could be vetoed.
Keywords
Main Subjects
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